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Quashed On Legal Grounds5 September 20223265518

Land at Valley Field Park, London Road, Leckford, Hampshire, SO20 6DE

Planning appeal 3265518 at Land at Valley Field Park, London Road, Leckford, Hampshire, SO20 6DE (Test Valley Borough Council) was decided (quashed on legal grounds) on 5 September 2022 by Inspector Lewis D, following a hearing. The main issue, as the Inspector framed it: Whether the planning consequences resulting from the increase from 5 to 7 caravans have brought about a definable change in the character of the use of the land such that as a matter of fact and degree it amounts to a material change of use.

Material change of use of the land from use as a residential caravan site for 5 caravans to use as a residential caravan site for 7 caravans

Authority
Test Valley Borough Council
Appeal type
major · Enforcement Notice
Procedure
Hearing
Development
caravan-gypsy · Minor traveller and caravan pitches
Inspector
Lewis D
Postcode
SO20 6DE

Main issues, as the Inspector framed them

  • Whether the planning consequences resulting from the increase from 5 to 7 caravans have brought about a definable change in the character of the use of the land such that as a matter of fact and degree it amounts to a material change of use

What decided it

The increase from 5 to 7 caravans did not, as a matter of fact and degree, materially change the definable character of the established caravan site use.

What the Inspector cited

Judgments
Hertfordshire County Council v Secretary of State for Communities and Local Government and Metal and Waste Recycling Ltd [2012] EWHC 277 Admin and [2012] EWCA Civ 1473; Reed v Secretary of State for Communities and Local Government and Bracknell Forest District Council [2014] EWCA Civ 241; Barton Park Estates v The Secretary of State for Housing Communities and Local Government and Dartmoor National Park Authority [2022] EWCA Civ 833

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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More decisions in Test Valley

The authority’s record since 2016 · every decision in 2022

  1. Notice upheld21 September 20263354722
    Hillside Nurseries , Branches Lane the Banks, Lockerely , Hants, SO51 6JT
  2. Planning permission granted30 March 20263334230
    Land South of Wellow Way, Scallows Lane, West Wellow, SO51 6DX
  3. Dismissed18 September 20253354325
    The Log Cabin, Packridge Farm , Packridge Lane, Romsey, SO51 9LL
  4. Notice varied and upheld9 September 20253359449
    Sunrise Farm, Middle Wallop, Stockbridge, Hampshire, SO20 8HR
  5. Notice varied and upheld8 September 20253315612
    Pipe Stock Ltd, 3 Premier Way, Romsey, SO51 9DQ

The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.